Custom - Revision history

Cian: change to redirect to customs

2004-10-13T02:35:21Z

change to redirect to customs

← Older revision		Revision as of 12:35, 13 October 2004
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			#redirect [[customs]]
	To be a source of law, a local '''custom''' had to meet certain criteria. <br>
	It had to be
	* clear, certain, and consistent
	* reasonable
	* obligatory and exercised as of right
	* geographically local
	* in conformity with any applicable [[statute]]s (otherwise these overrode the custom)
	* continuously held since "time immemorial"

	'''Time immemorial''', ''per se'', meant a time antedating any legal history. However, for clarity, this was taken by reference to a particular voyage of the [[King]] of [[England]] to [[France]]. In 1275/6, again to avoid compication, this was finally fixed to have been at the beginning of the reign of [[Richard I]] in 1189. <br>
	This had the additional effect that a claimed custom could thereafter be defeated simply by showing that its exercise would hve been impossible at that time -- for example a claimed customary right of grazing on land which, on enquiry, proved to have been underwater at or since 1189.

Simoncursitor: Added "time immemorial"

2004-10-12T13:42:04Z

Added "time immemorial"

← Older revision		Revision as of 23:42, 12 October 2004
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	To be a source of law, a '''custom''' had to meet certain criteria. <br>		To be a source of law, a local '''custom''' had to meet certain criteria. <br>
	It had to be		It had to be
	* clear, certain, and consistent		* clear, certain, and consistent
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	* in conformity with any applicable [[statute]]s (otherwise these overrode the custom)		* in conformity with any applicable [[statute]]s (otherwise these overrode the custom)
	* continuously held since "time immemorial"		* continuously held since "time immemorial"

			'''Time immemorial''', ''per se'', meant a time antedating any legal history. However, for clarity, this was taken by reference to a particular voyage of the [[King]] of [[England]] to [[France]]. In 1275/6, again to avoid compication, this was finally fixed to have been at the beginning of the reign of [[Richard I]] in 1189. <br>
			This had the additional effect that a claimed custom could thereafter be defeated simply by showing that its exercise would hve been impossible at that time -- for example a claimed customary right of grazing on land which, on enquiry, proved to have been underwater at or since 1189.

Simoncursitor: Preliminary

2004-10-12T13:35:55Z

Preliminary

New page

To be a source of law, a '''custom''' had to meet certain criteria. <br>
It had to be
* clear, certain, and consistent
* reasonable
* obligatory and exercised as of right
* geographically local
* in conformity with any applicable [[statute]]s (otherwise these overrode the custom)
* continuously held since "time immemorial"